Clarify ownership and contributions.
Protect Property
Financial Clarity
Set expectations in writing.
Tailored Terms
Designed for your circumstances.
What is a
Cohabitation Agreement?
In Ontario, a Cohabitation Agreement is a written domestic contract between unmarried partners who live together or plan to live together. It can address financial matters such as property ownership, household expenses, debts, support expectations and other agreed terms.
When is
it needed?
​
Before moving in together
When one partner owns a home or significant assets
When you are buying property together
When your financial contributions are unequal
When you want clarity before problems arise
Conflict Check & Initial Consultation
We confirm that there is no conflict of interest, discuss your goals and timeline, and determine whether a Cohabitation Agreement is appropriate for your situation.
1
Intake &
Financial Disclosure
You provide information about your assets, debts, income, property and the protections or terms you want included.
2
The Process*
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3
Strategy &
Terms Review
We review the relevant issues, explain legal considerations and help structure clear and practical terms.
We prepare your draft agreement and refine it with you. Up to five reasonable revisions are included in the flat fee.
4
Drafting & Revisions
Once the terms are settled, we coordinate signing and discuss the next steps, including Independent Legal Advice where appropriate.
5
Final Review & Signing
*
The litigation process varies depending on the circumstances, complexity and needs of each case. Not every matter will require every step listed above, and some cases may require additional steps.
Do we both need our own lawyers?
It is strongly recommended that each partner receive Independent Legal Advice before signing a Cohabitation Agreement. One lawyer cannot provide independent advice to both parties. Having separate legal advice helps ensure that each person understands their rights, obligations and the effect of the agreement, and can also reduce the risk of the agreement being challenged later.
Is a Cohabitation Agreement legally binding?
Properly prepared Cohabitation Agreements are often enforceable, but no lawyer can guarantee that an agreement will never be challenged. Full financial disclosure, voluntary signing and Independent Legal Advice can help strengthen the agreement.
What can be included in a Cohabitation Agreement?
Common terms include property ownership, the sharing of household expenses, responsibility for debts, the treatment of jointly acquired assets, support expectations and other financial arrangements suited to your circumstances.
Can we sign a Cohabitation Agreement after we have already moved in together?
Yes. A Cohabitation Agreement can be made before or during cohabitation. It is often better to put expectations in writing before disputes arise, but an agreement can still be helpful after you have already started living together.
Frequently Asked Questions
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If we later marry, does the Cohabitation Agreement still matter?
Often, yes. A Cohabitation Agreement may continue as a Marriage Contract after marriage unless the agreement states otherwise or it is replaced by a new agreement.
Reducing the Risk of Future Challenges
No lawyer can guarantee that a Cohabitation Agreement will never be challenged in court. However, careful drafting and proper process can help reduce risk. We recommend full and honest financial disclosure, adequate time before signing, and Independent Legal Advice for the other party. Agreements signed under pressure, based on incomplete information, or without proper understanding are more vulnerable to challenge.